Table of Contents:
- Arkansas Restraining Order Laws
- Kansas Restraining Order Laws
- Restraining Order Laws in Idaho
- Restraining Order Laws in Oklahoma
- Restraining Order Laws in Georgia
Domestic Violence Orders of Protection
Domestic violence orders of protection are issued in Arkansas to protect victims of domestic abuse from further harm. Domestic abuse is violence committed by a family or household member, including current and former spouses, parents and children, blood relatives, people who are dating or share a child, and people who do or did live together. Domestic abuse includes actual or threatened physical harm or assault and any sexual activity that is against the law in Arkansas.
Injunctions Against Workplace Harassment
Injunctions against workplace harassment are intended to protect victims of workplace violence. They differ from other types of protective orders in that they can only be applied for by an employer or someone acting on the employer's behalf, not by the victim. They can be obtained when someone has been the victim of unlawful violence, terroristic acts, rape, or battery, as well as certain types of threats, and stalking or harassment. In the case of threats, stalking, harassment, and criminal trespass, the violence must have occurred in the workplace for the victim to be considered eligible.
No Contact Orders
No contact orders are a special type of restraining order that protects victims from someone who has been arrested and charged with acting criminally towards them. They are often a condition of bond or pretrial release--for some types of crimes, they are a mandatory aspect of pretrial release. These crimes include stalking, harassment, terroristic threatening, and unauthorized computer communications. If the restrained person in a no contact order case violates the order he can be automatically put back in jail, even if he was out on bail or probation.
Restraining orders can be petitioned for at the courthouse in the county where either party lives. There are no fees to file initially; all fees will be assessed at the hearing. If the judge decides the petitioner has filed for a restraining order under false allegations, the petitioner may be forced to pay those fees. A hearing will be set no later than 30 days from the filing of the application. The respondent (the alleged abuser) must be served with a notice of hearing at least five days prior to the hearing, or it must be rescheduled.
Violation of a restraining order is a Class A misdemeanor in Arkansas. The maximum penalty for violation is one year imprisonment in county jail and/or a maximum fine of $1,000.
Protection from Abuse Orders
Kansas Protection from Abuse Orders are intended to protect victims of domestic violence. Kansas law defines domestic violence as when an intimate partner or household member, causes, tries to cause, or threatens bodily injury, or commits any sexual acts with someone under 16 to whom they are not married.
Protection from Stalking Orders
Kansas law defines stalking as harassment creating "reasonable" fear for your safety. Harassment includes repeated--at least twice--behaviors or actions that "seriously frighten or annoy" you and reasonably inflict "substantial emotional distress" without any legitimate reason. Stalking can be committed by anyone; you do not need to have a relationship with a stalker to qualify for a Protection from Stalking Order
Possible terms of such an order include forbidding a stalker from following, harassing, calling, or contacting you; violating your privacy; entering your home; and anything else the judge deems necessary for your protection.
The abused party or parent of a minor child who is being abused should go to any district court in Kansas to apply for a protection order. The necessary forms are available online and are also supplied in the court clerk's office. There is no fee to file, and the respondent (the alleged abuser) must be served with the restraining order and notice of hearing in person. The plaintiff may keep contact and other information undisclosed if the judge deems this necessary for protection. A hearing shall be held within 20 days of the application for the order, at which both parties will be given the opportunity to testify. A temporary order may be issued upon application to protect the plaintiff until the hearing, if the judge deems this necessary. Protective orders can be issued for up to one year, and can be subsequently renewed.
In Kansas, violation of contact prohibition can be considered assault and battery. Violation of exclusion from dwelling is criminal trespass. Violators of a protective order can be found in contempt of court and a bench warrant issued for arrest.
Filing for Protection
Under Idaho law, any person claiming that she is a victim of domestic violence may obtain an order of protection so long as they follow the appropriate avenues. In order for an alleged victim to obtain an order of protection, she must first file a petition for the order of protection with the magistrate division of the district court whose jurisdiction they reside in. The petition submitted to the court must be based on a sworn affidavit, also filed with the court.
If the person filing for the order of protection has left the physical household in question in order to avoid further abuse, he may still be granted an order of protection by the court. The petition must state that the petitioner, or another household member (whether adult or child), is a victim of domestic violence. Additionally, a parent or guardian may file a petition for an order of protection on behalf of a minor child (17 years or younger), regardless of whether she has custody of the child.
Filing for Custody Under Protection
Orders of protection may also be used in the state of Idaho to grant custody of a child to the petitioning party if that party is alleging that the child in question is suffering abuse, neglect or other domestic violence at the hands of the current custodian.
In order for a petitioner to gain a protective order granting custody of a child, she must submit additional information along with the information required for a standard order of protection.
Such petitions must include: the county and state where the child has resided for the six months immediately prior to the filing of the petition, the name of the party who is currently caring for the child, and the names of any parties who have cared for the child within the six months immediately prior to the date of petition. Petitions for orders of protection seeking child custody must be filed in the District Court of the county where the petitioner resides, along with the district court in the county where the respondent resides.
Penalties for Violation of Order
If a person who is subject to an order of protection in Idaho violates the terms of the order by making contacted with a protected person or by entering a residence from which the order prohibits them, she may be arrested and subject to imprisonment and fines along with criminal charges.
Under Idaho law, a violation of an order of protection is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000.
In Oklahoma, restraining orders, known as "protective orders," can protect victims of domestic abuse. Domestic abuse is violence committed by a family or household member.
Family members include persons you are related to by blood, marriage or adoption; household members are people you have, or do, live with. In Oklahoma, you can get a protective order against someone you are, or have, dated. Violence includes actual, threatened or attempted physical harm. Types of crimes included under the definition of domestic abuse are rape, assault and battery, stalking and harassment, when committed by the parties defined above.
In Oklahoma, if you are not related or intimately involved with the person who is hurting you you can only get a protective order if you allege they are stalking you. You do not need to be related to them or even know them to qualify; you can get a stalking protective order against any adult or minor over the age of 13 who is stalking you.
Under Oklahoma law, "stalking" is defined as "willful, malicious and repeated following," which does, or was intended to, cause the victim to fear death or serious injury.
The person who wishes to obtain a restraining order (the "petitioner") must go to the courthouse in the Oklahoma county where she lives, where the alleged abuser (the "respondent") lives, or where the abuse or stalking took place. File a petition for a protective order; this form is available online and in the court clerk's office. The clerk will give your petition to a judge, who may ask you to make a brief statement. You may also request a temporary restraining order to protect you until the full hearing can be held. Before a hearing can be served, the respondent must be served (by a professional process server or local law enforcement) with a notice of hearing. Then, both parties will be given the opportunity to testify in court.
Oklahoma restraining orders are valid for three years.
Violating a restraining order is a misdemeanor in Oklahoma, punishable by up to one year in jail and/or a maximum fine of $1,000. Subsequent misdemeanors carry a minimum of 10 days in jail with maximum fines increasing to $5,000. If the protected person is caused physical injury, there is a minimum of 20 days in jail. Minor children convicted of violating a restraining order will be mandated counseling.
Family Violence Protective Orders
Family Violence Protective Orders are issued in cases of domestic violence. Family violence is a crime in Georgia, and restraining orders are a protective measure for victims. To be eligible for a Family Violence Protective Order, the perpetrator must be a family or household member of the aggressor.
"Family or household members" include relatives by blood marriage, or adoption; anyone who has lived in your home as part of your family (such as a live-in girlfriend, or even the live-in boyfriend of one of your family members); or anyone with whom you have a child.
Violence occurs when a family or household member actually or attempts to hurt you, or makes you think he will do so. Among the crimes which would cause you to qualify for a Family Violence Protective Order in Georgia are stalking, rape, criminal trespass and hitting. In addition, you are protected from stalking and intimidation or threats.
Stalking Protective Orders
Stalking Protective Orders keep you safe from an abuser no matter what your relationship. You do not need to even know them to qualify for such an order.
In Georgia, stalking is defined as when someone follows you, places you under surveillance, or contacts you against your will to harass or intimidate you. Acts of harassment or intimidation are behaviors or actions that cause you to "reasonably" fear for your safety or that of your family.
To obtain a restraining order, go to the courthouse in the Georgia county where you or the aggressor live, or where the abuse occurred. File the appropriate paperwork, available online or at the courthouse, with the court clerk, who will give it to a judge. The judge may ask you to make a statement before granting you a temporary restraining order, which will protect you until the court can hold a full hearing at which both you and the alleged abuser will have the chance to present evidence. Following this hearing, a judge will rule on the case.
Violation of a restraining order is a misdemeanor in Georgia; in addition to the violation, you may also be charged with any crimes that take place during the violation, such as assault or criminal trespass. Also, the person who applied for the restraining order does not have the authority to allow you to do something forbidden in the restraining order; only a written court order can change its terms. Anyone caught violating a restraining order can be arrested immediately.